Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Gun Control Bills Filed In Advance Of New Mexico Legislature's 2017 Session

Thursday, December 29, 2016

Gun Control Bills Filed In Advance Of New Mexico Legislature's 2017 Session

Headlines Misrepresent True Scope of Proposed Restrictions

The headline which appeared in the Santa Fe New Mexican yesterday, "Lawmakers Vow to Close Gun Show Loophole" and the branding of gun control bills filed in advance of the 2017 Regular Session of the New Mexico Legislature are misleading and downright deceptive.  In fact, the words "gun show" are never even used in the proposed legislation.

Senate Bill 48, brought to Senators Richard Martinez (D) & Peter Wirth (D) by former New York City Mayor Michael Bloomberg's national gun control group, Everytown for Gun Safety, and the House companion, House Bill 50 by Stephanie Garcia Richard (D), go far beyond the proposed gun show restrictions the Legislature has previously debated.  SB 48 & HB 50 would criminalize nearly all private firearm sales between individuals, regardless of where those transactions take place, and require them to be conducted through a federal firearms licensed dealer with extensive government paperwork and a payment of an undetermined fee.  Limited exceptions are only made for sales to immediate family members, law enforcement and the military.

Additionally, the measures not only restrict gun sales (which, in most minds, would involve an exchange of currency or a permanent change of ownership), but also the transfer of firearms.  Because that term is specifically defined to mean "sell, furnish, give, lend, deliver or otherwise provide, with or without [monetary or other] consideration," these bills would treat gifts, loans, exchanges and other temporary changes in possession of a firearm as the equivalent of a sale by a firearms dealer, unless the transfer falls within one of the narrow exceptions. 

After voters in Maine defeated an Everytown-backed November ballot initiative to impose so-called "universal" background checks on private gun sales and transfers in that state, and after watching Nevada voters only approve a similar measure by a fraction of one percent of votes despite Bloomberg and Everytown spending twenty million dollars on that effort, gun control advocates are attempting to garner support for this misguided proposal in New Mexico by excluding some "temporary" firearm transfers from the acts' provisions.  Their list of exceptions (transfers taking place at shooting ranges, while hunting or trapping, during an organized competition or performance, or any time the transferor remains present the entire time the transfer is taking place) only serves to highlight the overreach of the bills and raise endless questions about their scope, compliance and enforceability. 

For example, under the language of these bills as filed, if "Mike" temporarily loaned his firearm to his close friend "Tim" to shoot while both were present together at the local firing range, a background check might not be required.  If Mike were to loan that same gun to Tim so that Tim could take it to practice shooting at the same range without Mike being present, a background check would be required for the initial transfer, and then another separate check would be necessary in order for Tim to legally return Mike his own firearm.  If Tim wanted to target shoot with Mike's firearm on Tim's own property or out on BLM land without Mike being with him, a background check would be required for the initial transfer and for the return of the gun.  Failure to comply with the background check requirements would trigger misdemeanor or felony-level penalties for temporary firearm transfers between non-exempt family members, friends, neighbors, colleagues, fellow gun club members, etc.  

The fact is no background check scheme will ever be "universal," because criminals will simply ignore the law; what these bills would do is cost law-abiding citizens time, money and the freedom to temporarily loan their firearms or privately sell guns from their personal collections to one another.

The New Mexico Legislature convenes for its 2017 Regular Session on Tuesday, January 17.  We will report back to you with more specifics and action items on these restrictive measures once lawmakers return to Santa Fe.

TRENDING NOW
California: Governor Brown Signs Remaining Anti-Gun Bill

Sunday, October 15, 2017

California: Governor Brown Signs Remaining Anti-Gun Bill

Yesterday, Governor Brown signed Assembly Bill 424, the remaining anti-gun bill on his desk. 

“Death by a Thousand Cuts” – Latest Ninth Circuit decision proclaims “selling firearms is not part or parcel of the right to keep and bear arms”

Second Amendment  

Friday, October 13, 2017

“Death by a Thousand Cuts” – Latest Ninth Circuit decision proclaims “selling firearms is not part or parcel of the right to keep and bear arms”

Since the U.S. Supreme Court handed down its landmark rulings in District of Columbia v. Heller and McDonald v. Chicago, lower courts across the country have expressed their disagreement with – or downright hostility to ...

Alleged Sexual Predator and Hollywood Mogul Harvey Weinstein Threatens NRA (Again)

News  

Friday, October 13, 2017

Alleged Sexual Predator and Hollywood Mogul Harvey Weinstein Threatens NRA (Again)

On October 5, the New York Times published an article titled, “Harvey Weinstein Paid Off Sexual Harassment Accusers for Decades.” The piece detailed allegations that the mogul used his position of influence to make unwanted ...

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

News  

Second Amendment  

Friday, October 13, 2017

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

What happens to the 400 million or so firearms already in private hands? How does society actually benefit from his plan? Stephens doesn’t say. He apparently just trusts that things would eventually work themselves out ...

California: Governor Vetoes Dealer Storage Bill and Signs Open Carry Ban

Saturday, October 14, 2017

California: Governor Vetoes Dealer Storage Bill and Signs Open Carry Ban

Yesterday, Governor Brown took action on two of the remaining three anti-gun bills by vetoing Senate Bill 464 and signing Assembly Bill 7. 

Spokane Police To Use Suppressors To Protect Hearing

News  

Monday, October 16, 2017

Spokane Police To Use Suppressors To Protect Hearing

The Spokane PD has 181 service rifles in its inventory; using suppressors on them has the potential to reduce workers compensation claims and lawsuits from bystanders.

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Tuesday, October 17, 2017

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Today, multiple gun control bills were released by the House Rules Committee and have been referred to the House Judiciary Committee for a hearing.

Media Consumers Beware: Watchdogs Warn of Bias, Politics, and Influence Tainting the “News”

News  

Friday, October 13, 2017

Media Consumers Beware: Watchdogs Warn of Bias, Politics, and Influence Tainting the “News”

Project Veritas’s “American Pravda” series has focused on the media itself, with prior releases including segments on CNN producers and personalities casting doubt on the network’s own narrative about Russian influence in the U.S. presidential ...

Shall-Issue Concealed Carry Coming Soon to the Nation’s Capital!

News  

Second Amendment  

Friday, October 13, 2017

Shall-Issue Concealed Carry Coming Soon to the Nation’s Capital!

It’s important to celebrate that law-abiding Americans are now closer than they have been in nearly half a century to being able to exercise their firearms freedom in our nation’s capital. That is real progress.

California: San Jose City Council to Consider Mandatory Locked Storage Ordinance

Monday, October 16, 2017

California: San Jose City Council to Consider Mandatory Locked Storage Ordinance

On Tuesday, October 17, the San Jose City Council will be discussing a proposed firearms ordinance that will require any person who possesses a firearm in their residence to store the firearm in a locked ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.